Case 1:10-cv-00436-SOM-KSC Document 194 Filed 09/30/14 Page 1 of 5 PageID #: 3198 DAVID M. LOUIE 2162 Attorney General State of Hawai`i ADAM T. SNOW 8389 HOLLY T. SHIKADA 4017 Deputy Attorneys General 235 S. Beretania Street, Room 304 Honolulu, Hawai`i 96813 Telephone: (808) 586-1255 Facsimile: (808) 586-1488 E-Mail: Adam.T.Snow@hawaii.gov Attorneys for Defendants DEPARTMENT OF EDUCATION, STATE OF HAWAI`I IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI`I R.P.-K, through his parent, C.K., et al., CIVIL NO. 10-00436 SOM/KSC vs. Plaintiffs, DEFENDANT S SEPTEMBER 30, 2014 STATUS REPORT DEPARTMENT OF EDUCATION, State of Hawaii, Defendant.
Case 1:10-cv-00436-SOM-KSC Document 194 Filed 09/30/14 Page 2 of 5 PageID #: 3199 DEFENDANT S SEPTEMBER 30, 2014 STATUS REPORT Per this Court s August 22, 2014 Order (ECF Doc No. 187), the Department of Education (DOE) hereby submits its Status Report. The Court ordered the Parties to resolve certain initial matters before a final course of action is selected. First and foremost, this Court ordered the DOE to provide Plaintiffs counsel with the name of every potential class member, accompanied by his or her lastknown contact information no later than September 22, 2014. (emphasis added). To comply with this order, the Parties had telephonic status conferences with Magistrate Judge Chang prior to releasing an agreed upon pre-disclosure letter to all 1,800 potential class members as required by the Family Educational Rights Privacy Act (FERPA), 20 U.S.C. 1232(g)(b)(2)(B); 34 C.F.R. (a)(9) (i)-(ii) (2011). The parties agreed to a FERPA pre-disclosure letter which was mailed by the DOE on September 8, 2014. The letter asked that all potential class members contact the DOE if they objected to disclosure no later than September 18, 2014. See enclosure (1). On September 22, 2014, the DOE transmitted a spreadsheet with names and contact information for potential class members to Plaintiffs Counsel. This transmittal did not include those who requested non-disclosure after receiving the 2
Case 1:10-cv-00436-SOM-KSC Document 194 Filed 09/30/14 Page 3 of 5 PageID #: 3200 FERPA letter (23 total). This spreadsheet also did not include names and contact information for those whose mail were returned as undeliverable at the time of transmittal (351 total). Therefore, at the time of transmittal, the spreadsheet provided to Plaintiffs counsel included 1,426 total names. On September 24, 2014, at the request of Plaintiffs Counsel, the DOE transmitted an updated spreadsheet to counsel. The purpose of the updated spreadsheet (1,424 names total) was to eliminate any truncated names from the previous version, and also to remove (2) names that were previously disclosed. The two names were removed when the potential class members came forward after the DOE s deadline to respond to the September 8, 2014 letter (September 18, 2014), and after the first transmittal to Plaintiffs Counsel (September 22, 2014), raising the total requests for non-disclosure to (25) as of September 24, 2014. As of September 29, 2014, the DOE continues to receive returned FERPA pre-disclosure letters that are undeliverable. Due to undeliverable mail, the DOE is currently attempting to find good contact information for these individuals by going through these individual s files, and locating their last known telephone numbers in an effort to contact each potential class member so that they can be mailed a FERPA pre-disclosure letter. This will take a few weeks to resolve. 3
Case 1:10-cv-00436-SOM-KSC Document 194 Filed 09/30/14 Page 4 of 5 PageID #: 3201 The DOE will send FERPA pre-disclosure letters to those whom the DOE is able to contact after locating telephonic, or other contact information in their files. The DOE will then inform Plaintiffs Counsel of their name and contact information, unless disclosure is requested to be withheld by the potential class member. For those potential class members without any current contact information in the DOE files, the DOE will log its attempt to locate contact information, and provide the court with these class members names and last known contact information. The DOE will also request a judicial finding of reasonable efforts to comply with FERPA pre-disclosure requirements so that the names, and last known contact information, of these individuals may be disclosed to Plaintiffs Counsel. Next Steps To plan for the next steps in this litigation with accuracy, the DOE requests permission from the Court to send a letter to all 1,800 potential class members requesting that they contact the DOE to let us know if they are interested in compensatory education services no later than a date certain (TBD). The DOE believes this is a prerequisite to demonstrating capacity to delivering compensatory education services to the Court because appropriate compensatory education 4
Case 1:10-cv-00436-SOM-KSC Document 194 Filed 09/30/14 Page 5 of 5 PageID #: 3202 services will focus on the individual needs, interests, and locations of potential class members. Without the ability to gather this information, neither the DOE nor the Court will have a precise method of measuring DOE capacity, or needed service providers. DATED: Honolulu, Hawai`i, September 30, 2014. /s/ Adam T. Snow ADAM T. SNOW HOLLY T. SHIKADA Deputy Attorneys General Attorneys for Defendant DEPARTMENT OF EDUCATION STATE OF HAWAI`I 5
Case 1:10-cv-00436-SOM-KSC Document 194-1 Filed 09/30/14 Page 1 of 1 PageID #: 3203
file:///c:/users/dka/appdata/local/temp/xpgrpwise/542accd7ahfipd01ahfipo01... Page 1 of 2 10/1/2014 DONNA AHUNA - Activity in Case 1:10-cv-00436-SOM-KSC P.-K. et al v. Department of Education, State of Hawai'i Status Report From: <hid_resp@hid.uscourts.gov> To: <hawaii_cmecf@hid.uscourts.gov> Date: 9/30/2014 3:31 PM Subject: Activity in Case 1:10-cv-00436-SOM-KSC P.-K. et al v. Department of Education, State of Hawai'i Status Report BC: DONNA AHUNA This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. Notice of Electronic Filing U.S. District Court District of Hawaii The following transaction was entered by Snow, Adam on 9/30/2014 at 3:30 PM HST and filed on 9/30/2014 Case Name: P.-K. et al v. Department of Education, State of Hawai'i Case Number: 1:10-cv-00436-SOM-KSC Filer: Department of Education, State of Hawai'i Document Number: 194 Docket Text: STATUS REPORT Defendant's September 30, 2014 Status Report by Department of Education, State of Hawai'i. (Attachments: # (1) Main Document Enclosure '1')(Snow, Adam) 1:10-cv-00436-SOM-KSC Notice has been electronically mailed to: Adam T. Snow Adam.T.Snow@hawaii.gov, Gina.M.Lum@hawaii.gov, Holly.T.Shikada@hawaii.gov, Kari.K.Noborikawa@hawaii.gov, Richlynn.C.Kong@hawaii.gov, Yvette.K.Achong@hawaii.gov, Zandra.S.Yamamoto@hawaii.gov Carter K. Siu Carter.K.Siu@hawaii.gov, carter.siu@gmail.com, Gina.M.Lum@hawaii.gov, Holly.T.Shikada@hawaii.gov, Kari.K.Noborikawa@hawaii.gov, Richlynn.C.Kong@hawaii.gov, Yvette.K.Achong@hawaii.gov, Zandra.S.Yamamoto@hawaii.gov
file:///c:/users/dka/appdata/local/temp/xpgrpwise/542accd7ahfipd01ahfipo01... Page 2 of 2 10/1/2014 Claire Wong Black cblack@ahfi.com, bkawagoe@ahfi.com, notice@ahfi.com Gary S. Suganuma Gary.S.Suganuma@hawaii.gov, Gina.M.Lum@hawaii.gov, Holly.T.Shikada@hawaii.gov, Kari.K.Noborikawa@hawaii.gov, Richlynn.C.Kong@hawaii.gov, Yvette.K.Achong@hawaii.gov, Zandra.S.Yamamoto@hawaii.gov Harvey E. Henderson, Jr harvey.e.hendersonjr@hawaii.gov, derick.y.ikemoto@hawaii.gov Holly T. Shikada holly.t.shikada@hawaii.gov, Cheryl.H.Oeda@hawaii.gov Jason H. Kim jkim@schneiderwallace.com, mail@schneiderwallace.com Jennifer Visitacion Patricio jpatricio@hawaiidisabilityrights.org, mike@hawaiidisabilityrights.org Louis Erteschik louis@hawaiidisabilityrights.org, mike@hawaiidisabilityrights.org Matthew C. Bassett Michelle N. Comeau mattbassettesq@gmail.com, mike@hawaiidisabilityrights.org mcomeau@ahfi.com, dka@ahfi.com, notice@ahfi.com Paul Alston palston@ahfi.com, notice@ahfi.com, rjkp@ahfi.com Steve K. Miyasaka steve.k.miyasaka@hawaii.gov, gina.m.lum@hawaii.gov, holly.t.shikada@hawaii.gov, Kari.K.Noborikawa@hawaii.gov, richlynn.c.kong@hawaii.gov, Yvette.K.Achong@hawaii.gov, Zandra.S.Yamamoto@hawaii.gov 1:10-cv-00436-SOM-KSC Notice will not be electronically mailed to: The following document(s) are associated with this transaction: Document description:main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfstamp_id=1095854936 [Date=9/30/2014] [FileNumber=1787770-0 ] [5f9149fa53b05b753992b64ef24e6b1975b46cd75c3ead2a314a991af8316449ddb dfb48b9db7efa536ce72f6c2016ff8d21ec4c51691acfb93264a0896b3656]] Document description:main Document Enclosure '1' Original filename:n/a Electronic document Stamp: [STAMP dcecfstamp_id=1095854936 [Date=9/30/2014] [FileNumber=1787770-1 ] [be0c21f8c34f8ec542d8124ec74e085a9922bf94a9abc8b412b7be4c2aeeabcfcb6 87c6496828b2603463c52a61fcdb4e6ba6fc20e6bd2dd2c2065c1734928ec]]